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STATE v. POWELL

No. 581.

92 S.E.2d 681 (1956)

244 N.C. 121

STATE v. James Nash POWELL.

Supreme Court of North Carolina.

May 9, 1956.

Attorney(s) appearing for the Case

Atty. Gen. William B. Rodman, Jr., and Asst. Atty. Gen. T. W. Bruton for the State.

Nance, Barrington & Collier, Fayetteville, for defendant, appellant.

PER CURIAM.

For the reasons stated by Winborne, J., in State v. Cox, N.C., 92 S.E.2d 413, the warrant is fatally defective. Hence, defendant's motion in arrest of judgment is allowed. The State, if it so elects, may prosecute upon a new warrant or bill of indictment.

Judgment...

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